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Agenda item

17.03123.FUL - Nos 8 to 10 Brokenborough, Malmesbury

Minutes:

Cllr Toby Sturgis returned to the Committee room before the commencement of this Agenda Item.

 

Members of the public Anthony Hole and the applicant Bruce Griffin spoke in favour of the application. Member of the public Bob Tallon spoke against the application.

 

The Planning Officer introduced the application for demolition of existing properties and erection of a residential property. A presentation was delivered showing photographs of existing site and proposed plans. Details were given explaining how the applicant had sought to address any issues and objections raised. The Committee were also advised that materials in keeping with the area would be used, such as Cotswold stone. The updated conditions, as included in the Late Items, were highlighted.

 

Members were invited to ask technical questions and it was clarified that the property would be “cut-in” so to level the build with its neighbouring properties. It was also confirmed that Permitted Deployment Rights would be removed from the site.

 

Local Member Cllr John Thomson spoke in regards to the application, he explained that he had previously supported an application for the site, but that he could not support the current application. He thought the design was too modern for a village such as Brokenborough and referred to Core Policy 57 in his objection.

 

Members of the public spoke as detailed above.

 

In the debate that followed Members remarked on the fact that it was a modern design, which was to some peoples taste and not others, however it was discussed that there are a variety of properties in that area already and it would not be out of keeping. Cllr Gavin Grant proposed the Officer’s Recommendation of approval, subject to an additional condition, requiring slab levels to be agreed prior to commencing the build. This was seconded by Cllr Hurst and passed by the majority,

 

Resolved:

 

To GRANT the planning permission, as per officer recommendation and the updated list of conditions contained in late items. Subject to an additional condition as follows:-

 

No development shall commence on site until details of the proposed ground floor slab levels have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved levels details.

 

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity.

 

Subject to following conditions:

 

1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

REASON: To comply with the provisions of Section 91 of the Town and Country Planning Act 1990 as amended by the Planning and Compulsory Purchase Act 2004.

 

2 The development hereby permitted shall be carried out in accordance with the following approved plans: Drawing No.s

Proposed Location Plan 1629.P.100 Rev C

Proposed Block Plan 1629.P.101 Rev C

Proposed Site Plan 1629.P.105 Rev C

Proposed Ground Floor Plan 1629.P.110 Rev C

Proposed First Floor Plan 1629.P.111 Rev C

Proposed Roof Plan 1629.P.112 Rev C

Proposed Drainage Plan 1629.P.115 Rev D

Proposed Rainwater Drainage Plan 1629.P.116 Rev D

Proposed Access Plan 1629.P.117 Rev C

Proposed North Elevation 1629.P.200 Rev C

Proposed West Elevation 1629.P 201 Rev D (26.06.17)

Proposed South Elevation 1629.P.202 Rev C

Proposed South Studio Elevation 1629.P.203 Rev C

Proposed East Elevation 1629.P.204 Rev C (26.06.17)

Proposed North Studio Elevation 1629.P.205 Rev B

Proposed North Garage Elevation 1629.P.206 Rev B

Proposed South Garage Elevation 1629.P.207 Rev B

Proposed Site Section 1629.P.300 Rev C

All received 30.05.17 except where specified

REASON: For the avoidance of doubt and in the interests of proper planning.

 

3 No development shall commence on site until the exact details and samples of the materials to be used for the external walls and roofs have been submitted to and approved in writing by the Local Planning Authority. Development shall be carried out in accordance with the approved details.

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, in the interests of visual amenity and the character and appearance of the area.

 

4 No development shall commence on site until a scheme of hard and soft landscaping has been submitted to and approved in writing by the Local Planning Authority, the details of which shall include :-

* means of enclosure;

* all hard and soft surfacing materials;

REASON: The application contained insufficient information to enable this matter to be considered prior to granting planning permission and the matter is required to be agreed with the Local Planning Authority before development commences in order that the development is undertaken in an acceptable manner, to ensure a satisfactory landscaped setting for the development and the protection of existing important landscape features.

 

5 No development shall commence on site until a scheme for the discharge of surface water from the site (including surface water from the access / driveway), incorporating sustainable drainage details together with permeability test results to BRE365, has been submitted to and approved in writing by the Local Planning Authority. The development shall not be first occupied until surface water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that the development can be adequately drained

 

6 No development shall commence on site until a scheme for the discharge of foul water from the site has been submitted to and approved in writing by the Local Planning Authority The development shall not be first occupied until foul water drainage has been constructed in accordance with the approved scheme.

REASON: To ensure that the development can be adequately drained.

 

7 The development hereby permitted shall not be occupied until the required sewage disposal and surface water drainage details have been submitted to and approved in writing by the Local Planning Authority and completed in accordance with the submitted and approved details.

REASON: To ensure that the development is provided with a satisfactory means of drainage.

 

8 All development shall be carried out in accordance with the mitigation measures proposed in the submitted Bat Survey and Method Statement (dated 27th March 2017) or any subsequent licenced method statement. The bat roost compensation shall be retained as set out in Section 5 of the Bat Survey and Method Statement unless otherwise agreed in writing by the Local

Planning Authority.

REASON: To mitigate against the loss of existing biodiversity and nature habitats.

 

9 The development shall be carried out as specified in the approved Arboricultural Impact Assessment, Arboricultural Method Statement and Tree Protection Plan prepared by Greenman Environmental Management Ltd dated March 2017 and shall be supervised by an arboricultural consultant.

REASON: To prevent trees on site from being damaged during construction works.

 

10 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), the garage(s) hereby permitted shall not be converted to habitable accommodation.

REASON: To secure the retention of adequate parking provision, in the interests of highway safety.

 

11 The garden studio hereby permitted shall not be occupied at any time other than for purposes ancillary to the residential use of the main dwelling and it shall remain within the same planning unit as the main dwelling.

REASON: The additional accommodation is sited in a position where the Local Planning Authority, having regard to the reasonable standards of residential amenity, access, and planning policies pertaining to the area, would not permit a wholly separate dwelling.

 

12 The dwelling hereby approved shall achieve a level of energy performance at or equivalent to Level 4 of the Code for Sustainable Homes. No dwelling shall be occupied until evidence has been issued and submitted to, and approved in writing by, the local planning authority certifying that this level or equivalent has been achieved.

REASON: To ensure that the objectives of sustainable development equal or equivalent to those set out in Policy CP41 of the Wiltshire Core Strategy are achieved.

 

13 Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order revoking or re-enacting or amending that Order with or without modification), there shall be no additions/extensions or external alterations to any building forming part of the development hereby permitted.

REASON: In the interests of the amenity of the area and to enable the Local Planning Authority to consider individually whether planning permission should be granted for additions/extensions or external alterations.

 

14 INFORMATIVE TO APPLICANT:

The applicant is advised that the development hereby approved may represent chargeable development under the Community Infrastructure Levy Regulations 2010 (as amended) and Wiltshire Council's CIL Charging Schedule. If the development is determined to be liable for CIL, a Liability Notice will be issued notifying you of the amount of CIL payment due. If an

Additional Information Form has not already been submitted, please submit it now so that we can determine the CIL liability. In addition, you may be able to claim exemption or relief, in which case, please submit the relevant form so that we can determine your eligibility. The CIL Commencement Notice and Assumption of Liability must be submitted to Wiltshire Council prior to commencement of development. Should development commence prior to the CIL Liability Notice being issued by the local planning authority, any CIL exemption or relief will not apply and full payment will be required in full and with immediate effect. Should you require further information or to download the CIL forms please refer to the Council's Website www.wiltshire.gov.uk/planninganddevelopment/planningpolicy/communityinfrastructurelevy.

 

15 INFORMATIVE TO APPLICANT:

Any alterations to the approved plans, brought about by compliance with Building Regulations or any other reason must first be agreed in writing with the Local Planning Authority before commencement of work.

 

16 INFORMATIVE TO APPLICANT:

The applicant is requested to note that this permission does not affect any private property rights and therefore does not authorise the carrying out of any work on land outside their control. If such works are required it will be necessary for the applicant to obtain the landowners consent before such works commence. If you intend carrying out works in the vicinity of the site boundary, you are also advised that it may be expedient to seek your own advice with regard to the requirements of the Party Wall Act 1996.

 

17 INFORMATIVE TO APPLICANT:

The applicant should note that the grant of planning permission does not include any separate permission which may be needed to erect a structure in the vicinity of a public sewer. Such permission should be sought direct from Thames Water Utilities Ltd / Wessex Water Services Ltd. Buildings are not normally allowed within 3.0 metres of a Public Sewer although this may vary depending on the size, depth, strategic importance, available access and the ground conditions appertaining to the sewer in question.

 

18 INFORMATIVE TO APPLICANT:

Please note that Council offices do not have the facility to receive material samples. Please deliver material samples to site and inform the Planning Officer where they are to be found.

 

Supporting documents:

 

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